1892. ] OF THE SENATE. 601

It is not contended that these officers were guilty of
any fraud or unfairness, but it is strangely contended
that while there was nothing in the method of the ap-
pointment of the election officers to work an injury
to the contestee and no injury was done, yet the con-
testant mast meet the burden of proof and establish
this fact.

This he has done. The facts in this case, together
with the law, are replete with such proof. There are
669 registered voters in this precinct, about 550 of
whom usually vote. The law requires not less than
one booth for each 100 registered voters. This poll
therefore had six booths or voting compartments,
which would contain six men all voting or preparing
their ballots at once. The average time consumed by
voters in preparing and casting their ballots is not
more than three minutes, and with the booths all
filled, six men could vote in this time, being one half
minute to each vote.

From the opening of the polls at 12. 30 P. M, in
this precinct, until they closed at 6 P. M, 5 1/2 hours or
380 minutes elapsed, giving ample time for all who
desired to vote to do so. The democrats did not fail
to vote because the time was too short, but because
they had been instructed by the Democratic Judges
that the ballots were illegal, and the evident purpose
of this instruction was to defeat an election in this
republican precinct and thus render it impossible to
show the republican majority. This is confirmed by
the conduct cf the judges and their absolute failure to
even make an effort to secure ballots and go on with
the election. Indeed they seem the most indifferent
of all present, aye the most determined that no elec-
tion should be held.

If this be not so, why did they not at once, with the
supervisor proceed under the power contained in sec-
tion 149, to procure duplicates, and when, duplicates
were put into their hands, with the sole exception of
the designation on the back of the ballot of the place
of election, why did they did not hold the same?

The Act of 1890, at section 149, clearly contem-
plates such delays, provides means for holding elec-
tions in case the ballots are lost, stolen or inaccessible,